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HARTMAN v. CARTER

No. 77-132-Appeal.

393 A.2d 1102 (1978)

Allan R. HARTMAN v. James A. CARTER, Controller of the State of Rhode Island.

Supreme Court of Rhode Island.

November 8, 1978.

Attorney(s) appearing for the Case

Aram K. Berberian, Cranston, for plaintiff.

Julius C. Michaelson, Atty. Gen., Richard B. Woolley, Sp. Asst. Atty. Gen., for defendant.

OPINION

KELLEHER, Justice.

In this Superior Court civil action the plaintiff sought a writ of mandamus which would have compelled the defendant (the controller) to refund a fine paid in a previous criminal action that the plaintiff had successfully appealed. The plaintiff also sought an award of his statutory costs, to wit, $5.10.

The record indicates that in July 1972 plaintiff paid a $20 fine to the Wardens' Court of New Shoreham. The fine was...

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